Ildefonso v. Gage

Filing 72

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Appeal in Forma Pauperis (Filing No. 67 ) is granted. Petitioner's Motion for Appointment of Counsel (Filing No. 70 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. Petitioner's Motion for Extension of Time (Filing No. 71 ) is denied without prejudice to reassertion before the Eighth Circuit Court of Appeals. The clerk's office is directed to provide the Eighth Circuit Court ofAppeals with a copy of this order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARLYN P. ILDEFONSO,
Petitioner,
V.
BRIAN GAGE, Warden,
Respondent.

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4:13CV3110

MEMORANDUM
AND ORDER

This matter is before the court on multiple motions filed by Petitioner.
Petitioner filed a Notice of Appeal (Filing No. 66) on April 27, 2016. Petitioner
appeals from this court’s Judgment dated March 21, 2016 (Filing No. 63). (The notice
appears timely under the “prison mailbox” rule.) Petitioner has filed a Motion for
Leave to Appeal in Forma Pauperis. (Filing No. 67.) The court finds Petitioner is
entitled to proceed in forma pauperis on appeal.
Petitioner has also requested the this court appoint counsel to represent him on
appeal. (Filing No. 70.) This request should be made to the Eighth Circuit Court of
Appeals. Therefore, it will be denied without prejudice to reassertion before that
court.
Finally, Petitioner has requested an extension of time to file his motion for
certificate of appealability with the Eighth Circuit Court of Appeals. Again, this relief
should be sought directly from the Eighth Circuit. Accordingly, Petitioner’s Motion
for Extension of Time (Filing No. 71) will be denied without prejudice to reassertion.
IT IS ORDERED that:
1.

Plaintiff’s Motion for Leave to Appeal in Forma Pauperis (Filing No. 67)

is granted.
2.

Petitioner’s Motion for Appointment of Counsel (Filing No. 70) is
denied without prejudice to reassertion before the Eighth Circuit Court
of Appeals.

3.

Petitioner’s Motion for Extension of Time (Filing No. 71) is denied
without prejudice to reassertion before the Eighth Circuit Court of
Appeals.

4.

The clerk’s office is directed to provide the Eighth Circuit Court of
Appeals with a copy of this order.

DATED this 28th day of April, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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